A.B.D. No. 92-2	DRAFT

STATE OF NEW JERSEY

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD

DKT. No. AB-91-l2

OAL DKT. NO. PRB 4003-91

SEVERINO DICOCCO,

Petitioner,

v.

COMMUNICATIONS WORKERS

OF AMERICA, LOCAL 1033

Respondent.

Petitioner pro se, Severino DiCocco,

For respondent, Steven P. Weissman, Esq., Communications Workers of America, AFL-CIO District 1

DECISION AND ORDER

On February 4, 1991, Severino DiCocco filed a petition of appeal with the Public Employment Relations Commission Appeal Board ("Appeal Board"). The petitioner is employed by the State of New Jersey and is represented in collective negotiations by, but is not a member of, respondent, Communications Workers of America, AFL-CIO and its affiliate, Local 1033 ("Local 1033"). He pays a representation fee in lieu of dues which is shared by CWA and Local 1033. The petition seeks review of representation fees paid to the CWA and its affiliated locals. An Answer to the petition was filed by the CWA. On April l7, 1991, this matter was transferred to the Office of Administrative Law as a contested case and was assigned to Administrative Law Judge Joseph Lavery. CWA and the petitioner have entered into a settlement. On September 24, 1991, Judge Lavery

issued a "Decision Approving Settlement." He reviewed the terms of the settlement and concluded that it was entered into voluntarily and disposed of all issues in dispute. He approved the settlement and ordered that all parties comply with its terms. Pursuant to N.J.S.A. 52:14B-10, the matter is now before the Appeal Board to affirm, reverse, remand or modify Judge Lavery's order.

We have reviewed the settlement and Judge Lavery's order (attached hereto), pursuant to N.J.S.A. 52:14B-10, and conclude that his action is correct.

ORDER

The Initial Decision-Settlement of Judge Lavery is hereby affirmed.

BY ORDER OF THE APPEAL BOARD

WILLIAM L. NOTO

Chairman

Chairman Noto and Board Members Dorf and Verhage voted in favor of this decision.

DATED: TRENTON, NEW JERSEY

October 22, l991

ISSUED:	October 25, l99l